Automated Vehicle Law & Issues
HB 101 (2019) - Printable Version

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HB 101 (2019) - Doverstreet_user - 06-18-2019

H.B. 101 Enrolled

AUTONOMOUS VEHICLE REGULATIONS


2019 GENERAL SESSION
STATE OF UTAH


Chief Sponsor: Robert M. Spendlove
Senate Sponsor: David G. Buxton


LONG TITLE


General Description:

This bill amends provisions regarding traffic laws, licensing, and titling requirements, and adds provisions regarding the operation of autonomous vehicles.

Highlighted Provisions:
This bill:
• defines terms related to autonomous vehicles;
• allows the operation of a vehicle in the state by an automated driving system;
• exempts a vehicle with an engaged automated driving system from licensure;
• provides protocol in case of an accident involving an autonomous vehicle;
• requires a vehicle equipped with an automated driving system to be properly titled, registered, and insured;
• preempts political subdivisions from regulating autonomous vehicles in addition to regulation provided in state statute; and
• makes technical changes.


Money Appropriated in this Bill:
None


Other Special Clauses:
None


Utah Code Sections Affected:
AMENDS:


13-51-102, as enacted by Laws of Utah 2015, Chapter 461
13-51-103, as last amended by Laws of Utah 2016, Chapter 359
41-1a-102, as last amended by Laws of Utah 2018, Chapters 166 and 424
41-1a-201, as last amended by Laws of Utah 2017, Chapter 149
41-1a-202, as last amended by Laws of Utah 2013, Chapter 463
41-1a-1503, as enacted by Laws of Utah 2013, Chapter 189
41-6a-102, as last amended by Laws of Utah 2018, Chapters 166 and 205
41-6a-1641, as last amended by Laws of Utah 2015, Chapter 412
53-3-102, as last amended by Laws of Utah 2017, Chapter 297
53-3-104, as last amended by Laws of Utah 2018, Chapters 233 and 415
53-3-202, as last amended by Laws of Utah 2017, Chapter 297


ENACTS:
41-26-102.1, Utah Code Annotated 1953
41-26-103, Utah Code Annotated 1953
41-26-104, Utah Code Annotated 1953
41-26-105, Utah Code Annotated 1953
41-26-106, Utah Code Annotated 1953
41-26-107, Utah Code Annotated 1953
41-26-108, Utah Code Annotated 1953


REPEALS:
41-26-102, as enacted by Laws of Utah 2016, Chapter 212


Be it enacted by the Legislature of the state of Utah:


Section 1. Section 13-51-102 is amended to read:
13-51-102. Definitions.


(1) "Division" means the Division of Consumer Protection within the Department of Commerce.
(2) "Prearranged ride" means a period of time that:
(a) begins when the transportation network driver has accepted a passenger's request for a ride through the transportation network company's software application; and
(b) ends when the passenger exits the transportation network driver's vehicle.
(3) "Software application" means an Internet-connected software platform, including a mobile application, that a transportation network company uses to:
(a) connect a transportation network driver to a passenger; and
(b) process passenger requests.
(4) "Transportation network company" means an entity that:
(a) uses a software application to connect a passenger to a transportation network driver providing transportation network services;
(b) is not:
(i) a taxicab, as defined in Section 53-3-102; or
(ii) a motor carrier, as defined in Section 72-9-102; and
© except in certain cases involving a motor vehicle with a level four or five automated driving system, as defined in Section 41-26-102.1, does not own, control, operate, or manage the vehicle used to provide the transportation network services.
(5) "Transportation network driver" means an individual who:
(a) an individual who:
(a) (i) pays a fee to a transportation network company, and, in exchange, receives a connection to a potential passenger from the transportation network company;
(b) (ii) operates a motor vehicle that:
(i) (A) the individual owns, leases, or is authorized to use; and
(ii) (B) the individual uses to provide transportation network services; and
© (iii) receives, in exchange for providing a passenger a ride, compensation that exceeds the individual's cost to provide the ride. ; or
(b) a level four or five automated driving system, as defined in Section 41-26-102.1, when the automated driving system is operating the vehicle and used to provide a passenger a ride in exchange for compensation.
(6) "Transportation network services" means, for a transportation network driver providing services through a transportation network company:
(a) providing a prearranged ride; or
(b) being engaged in a waiting period.
(7) "Waiting period" means a period of time when:
(a) a transportation network driver is logged into a transportation network company's software application; and
(b) the transportation network driver is not engaged in a prearranged ride.


Section 2. Section 13-51-103 is amended to read:
13-51-103. Exemptions -- Transportation network company and transportation network driver.


(1) A transportation network company or a transportation network driver is not subject to the requirements applicable to:
(a) a motor carrier, under Title 72, Chapter 9, Motor Carrier Safety Act;
(b) a common carrier, under Title 59, Chapter 12, Sales and Use Tax Act; or
© a taxicab, under Title 53, Chapter 3, Uniform Driver License Act.
(2) A transportation network driver is:
(a) (i) an independent contractor of a transportation network company; and
(b) (ii) not an employee of a transportation network company. ; or
(b) for a motor vehicle with a level four or five automated driving system as defined in Section 41-26-102.1, in driverless operation, an automated driving system if dispatched:
(i) at the direction of, on behalf of, or as an agent of a transportation network company; or
(ii) at the direction of, on behalf of, or as an agent of a third party pursuant to an agreement between the third party and a transportation network company, operated on behalf of and as an agent of the transportation network company.


Section 3. Section 41-1a-102 is amended to read:
41-1a-102. Definitions.


As used in this chapter:

(1) "Actual miles" means the actual distance a vehicle has traveled while in operation.
(2) "Actual weight" means the actual unladen weight of a vehicle or combination of vehicles as operated and certified to by a weighmaster.
(3) "All-terrain type I vehicle" means the same as that term is defined in Section 41-22-2.
(4) "All-terrain type II vehicle" means the same as that term is defined in Section 41-22-2.
(5) "All-terrain type III vehicle" means the same as that term is defined in Section 41-22-2.
(6) "Alternative fuel vehicle" means:
(a) an electric motor vehicle;
(b) a hybrid electric motor vehicle;
© a plug-in hybrid electric motor vehicle; or
(d) a motor vehicle powered by a fuel other than:
(i) motor fuel;
(ii) diesel fuel;
(iii) natural gas; or
(iv) propane.
(7) "Amateur radio operator" means any person licensed by the Federal Communications Commission to engage in private and experimental two-way radio operation on the amateur band radio frequencies.
(8) "Autocycle" means the same as that term is defined in Section 53-3-102.
(9) "Automated driving system" means the same as that term is defined in Section 41-26-102.1.
(9) (10) "Branded title" means a title certificate that is labeled:
(a) rebuilt and restored to operation;
(b) flooded and restored to operation; or
© not restored to operation.
(10) (11) "Camper" means any structure designed, used, and maintained primarily to be mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for camping.
(11) (12) "Certificate of title" means a document issued by a jurisdiction to establish a record of ownership between an identified owner and the described vehicle, vessel, or outboard motor.
(12) (13) "Certified scale weigh ticket" means a weigh ticket that has been issued by a weighmaster.
(13) (14) "Commercial vehicle" means a motor vehicle, trailer, or semitrailer used or maintained for the transportation of persons or property that operates:
(a) as a carrier for hire, compensation, or profit; or
(b) as a carrier to transport the vehicle owner's goods or property in furtherance of the owner's commercial enterprise.
(14) (15) "Commission" means the State Tax Commission.
(15) (16) "Consumer price index" means the same as that term is defined in Section 59-13-102.
(16) (17) "Dealer" means a person engaged or licensed to engage in the business of buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors.
(17) (18) "Diesel fuel" means the same as that term is defined in Section 59-13-102.
(18) (19) "Division" means the Motor Vehicle Division of the commission, created in Section 41-1a-106.
(20) "Dynamic driving task" means the same as that term is defined in Section 41-26-102.1.
(19) (21) "Electric motor vehicle" means a motor vehicle that is powered solely by an electric motor drawing current from a rechargeable energy storage system.
(20) (22) "Essential parts" means all integral and body parts of a vehicle of a type required to be registered in this state, the removal, alteration, or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type, or mode of operation.
(21) (23) "Farm tractor" means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.
(22) (24) (a) "Farm truck" means a truck used by the owner or operator of a farm solely for the owner's or operator's own use in the transportation of:
(i) farm products, including livestock and its products, poultry and its products, floricultural and horticultural products;
(ii) farm supplies, including tile, fence, and every other thing or commodity used in agricultural, floricultural, horticultural, livestock, and poultry production; and
(iii) livestock, poultry, and other animals and things used for breeding, feeding, or other purposes connected with the operation of a farm.
(b) "Farm truck" does not include the operation of trucks by commercial processors of agricultural products.
(23) (25) "Fleet" means one or more commercial vehicles.
(24) (26) "Foreign vehicle" means a vehicle of a type required to be registered, brought into this state from another state, territory, or country other than in the ordinary course of business by or through a manufacturer or dealer, and not registered in this state.
(25) (27) "Gross laden weight" means the actual weight of a vehicle or combination of vehicles, equipped for operation, to which shall be added the maximum load to be carried.
(26) (28) "Highway" or "street" means the entire width between property lines of every way or place of whatever nature when any part of it is open to the public, as a matter of right, for purposes of vehicular traffic.
(27) (29) "Hybrid electric motor vehicle" means a motor vehicle that draws propulsion energy from onboard sources of stored energy that are both:
(a) an internal combustion engine or heat engine using consumable fuel; and
(b) a rechargeable energy storage system where energy for the storage system comes solely from sources onboard the vehicle.
(28) (30) (a) "Identification number" means the identifying number assigned by the manufacturer or by the division for the purpose of identifying the vehicle, vessel, or outboard motor.
(b) "Identification number" includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number.
(29) (31) "Implement of husbandry" means every vehicle designed or adapted and used exclusively for an agricultural operation and only incidentally operated or moved upon the highways.
(30) (32) (a) "In-state miles" means the total number of miles operated in this state during the preceding year by fleet power units.
(b) If fleets are composed entirely of trailers or semitrailers, "in-state miles" means the total number of miles that those vehicles were towed on Utah highways during the preceding year.
(31) (33) "Interstate vehicle" means any commercial vehicle operated in more than one state, province, territory, or possession of the United States or foreign country.
(32) (34) "Jurisdiction" means a state, district, province, political subdivision, territory, or possession of the United States or any foreign country.
(33) (35) "Lienholder" means a person with a security interest in particular property.
(34) (36) "Manufactured home" means a transportable factory built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.
(35) (37) "Manufacturer" means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or outboard motors for the purpose of sale or trade.
(36) (38) "Mobile home" means a transportable factory built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code).
(37) (39) "Motor fuel" means the same as that term is defined in Section 59-13-102.
(38) (40) (a) "Motor vehicle" means a self-propelled vehicle intended primarily for use and operation on the highways.
(b) "Motor vehicle" does not include an off-highway vehicle.
(39) (41) "Motorboat" means the same as that term is defined in Section 73-18-2.
(40) (42) "Motorcycle" means:
(a) a motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground; or
(b) an autocycle.
(41) (43) "Natural gas" means a fuel of which the primary constituent is methane.
(42) (44) (a) "Nonresident" means a person who is not a resident of this state as defined by Section 41-1a-202, and who does not engage in intrastate business within this state and does not operate in that business any motor vehicle, trailer, or semitrailer within this state.
(b) A person who engages in intrastate business within this state and operates in that business any motor vehicle, trailer, or semitrailer in this state or who, even though engaging in interstate commerce, maintains any vehicle in this state as the home station of that vehicle is considered a resident of this state, insofar as that vehicle is concerned in administering this chapter.
(43) (45) "Odometer" means a device for measuring and recording the actual distance a vehicle travels while in operation, but does not include any auxiliary odometer designed to be periodically reset.
(44) (46) "Off-highway implement of husbandry" means the same as that term is defined in Section 41-22-2.
(45) (47) "Off-highway vehicle" means the same as that term is defined in Section 41-22-2.
(46) (48) (a) "Operate" means to drive or be in actual physical control of a vehicle or :
(i) to navigate a vessel. ; or
(ii) collectively, the activities performed in order to perform the entire dynamic driving task for a given motor vehicle by:
(A) a human driver as defined in Section 41-26-102.1; or
(B) an engaged automated driving system.
(b) "Operate" includes testing of an automated driving system.
(47) (49) "Outboard motor" means a detachable self-contained propulsion unit, excluding fuel supply, used to propel a vessel.
(48) (50) (a) "Owner" means a person, other than a lienholder, holding title to a vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security interest.
(b) If a vehicle is the subject of an agreement for the conditional sale or installment sale or mortgage of the vehicle with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or mortgagor, or if the vehicle is the subject of a security agreement, then the conditional vendee, mortgagor, or debtor is considered the owner for the purposes of this chapter.
© If a vehicle is the subject of an agreement to lease, the lessor is considered the owner until the lessee exercises the lessee's option to purchase the vehicle.
(49) (51) "Park model recreational vehicle" means a unit that:
(a) is designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use;
(b) is not permanently affixed to real property for use as a permanent dwelling;
© requires a special highway movement permit for transit; and
(d) is built on a single chassis mounted on wheels with a gross trailer area not exceeding 400 square feet in the setup mode.
(50) (52) "Personalized license plate" means a license plate that has displayed on it a combination of letters, numbers, or both as requested by the owner of the vehicle and assigned to the vehicle by the division.
(51) (53) (a) "Pickup truck" means a two-axle motor vehicle with motive power manufactured, remanufactured, or materially altered to provide an open cargo area.
(b) "Pickup truck" includes motor vehicles with the open cargo area covered with a camper, camper shell, tarp, removable top, or similar structure.
(52) (54) "Plug-in hybrid electric motor vehicle" means a hybrid electric motor vehicle that has the capability to charge the battery or batteries used for vehicle propulsion from an off-vehicle electric source, such that the off-vehicle source cannot be connected to the vehicle while the vehicle is in motion.
(53) (55) "Pneumatic tire" means every tire in which compressed air is designed to support the load.
(54) (56) "Preceding year" means a period of 12 consecutive months fixed by the division that is within 16 months immediately preceding the commencement of the registration or license year in which proportional registration is sought. The division in fixing the period shall conform it to the terms, conditions, and requirements of any applicable agreement or arrangement for the proportional registration of vehicles.
(55) (57) "Public garage" means every building or other place where vehicles or vessels are kept and stored and where a charge is made for the storage and keeping of vehicles and vessels.
(56) (58) "Receipt of surrender of ownership documents" means the receipt of surrender of ownership documents described in Section 41-1a-503.
(57) (59) "Reconstructed vehicle" means every vehicle of a type required to be registered in this state that is materially altered from its original construction by the removal, addition, or substitution of essential parts, new or used.
(58) (60) "Recreational vehicle" means the same as that term is defined in Section 13-14-102.
(59) (61) "Registration" means a document issued by a jurisdiction that allows operation of a vehicle or vessel on the highways or waters of this state for the time period for which the registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction.
(60) (62) (a) "Registration year" means a 12 consecutive month period commencing with the completion of all applicable registration criteria.
(b) For administration of a multistate agreement for proportional registration the division may prescribe a different 12-month period.
(61) (63) "Repair or replacement" means the restoration of vehicles, vessels, or outboard motors to a sound working condition by substituting any inoperative part of the vehicle, vessel, or outboard motor, or by correcting the inoperative part.
(62) (64) "Replica vehicle" means:
(a) a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or
(b) a custom vehicle that meets the requirements under Subsection 41-6a-1507(1)(a)(i)(B).
(63) (65) "Road tractor" means every motor vehicle designed and used for drawing other vehicles and constructed so it does not carry any load either independently or any part of the weight of a vehicle or load that is drawn.
(64) (66) "Sailboat" means the same as that term is defined in Section 73-18-2.
(65) (67) "Security interest" means an interest that is reserved or created by a security agreement to secure the payment or performance of an obligation and that is valid against third parties.
(66) (68) "Semitrailer" means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that some part of its weight and its load rests or is carried by another vehicle.
(67) (69) "Special group license plate" means a type of license plate designed for a particular group of people or a license plate authorized and issued by the division in accordance with Section 41-1a-418.
(68) (70) (a) "Special interest vehicle" means a vehicle used for general transportation purposes and that is:
(i) 20 years or older from the current year; or
(ii) a make or model of motor vehicle recognized by the division director as having unique interest or historic value.
(b) In making a determination under Subsection (68) (70)(a), the division director shall give special consideration to:
(i) a make of motor vehicle that is no longer manufactured;
(ii) a make or model of motor vehicle produced in limited or token quantities;
(iii) a make or model of motor vehicle produced as an experimental vehicle or one designed exclusively for educational purposes or museum display; or
(iv) a motor vehicle of any age or make that has not been substantially altered or modified from original specifications of the manufacturer and because of its significance is being collected, preserved, restored, maintained, or operated by a collector or hobbyist as a leisure pursuit.
(69) (71) (a) "Special mobile equipment" means every vehicle:
(i) not designed or used primarily for the transportation of persons or property;
(ii) not designed to operate in traffic; and
(iii) only incidentally operated or moved over the highways.
(b) "Special mobile equipment" includes:
(i) farm tractors;
(ii) off-road motorized construction or maintenance equipment including backhoes, bulldozers, compactors, graders, loaders, road rollers, tractors, and trenchers; and
(iii) ditch-digging apparatus.
© "Special mobile equipment" does not include a commercial vehicle as defined under Section 72-9-102.
(70) (72) "Specially constructed vehicle" means every vehicle of a type required to be registered in this state, not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles, and not materially altered from its original construction.
(71) (73) "Title" means the right to or ownership of a vehicle, vessel, or outboard motor.
(72) (74) (a) "Total fleet miles" means the total number of miles operated in all jurisdictions during the preceding year by power units.
(b) If fleets are composed entirely of trailers or semitrailers, "total fleet miles" means the number of miles that those vehicles were towed on the highways of all jurisdictions during the preceding year.
(73) (75) "Trailer" means a vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle.
(74) (76) "Transferee" means a person to whom the ownership of property is conveyed by sale, gift, or any other means except by the creation of a security interest.
(75) (77) "Transferor" means a person who transfers the person's ownership in property by sale, gift, or any other means except by creation of a security interest.
(76) (78) "Travel trailer," "camping trailer," or "fifth wheel trailer" means a portable vehicle without motive power, designed as a temporary dwelling for travel, recreational, or vacation use that does not require a special highway movement permit when drawn by a self-propelled motor vehicle.
(77) (79) "Truck tractor" means a motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load that is drawn.
(78) (80) "Vehicle" includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home.
(79) (81) "Vessel" means the same as that term is defined in Section 73-18-2.
(80) (82) "Vintage vehicle" means the same as that term is defined in Section 41-21-1.
(81) (83) "Waters of this state" means the same as that term is defined in Section 73-18-2.
(82) (84) "Weighmaster" means a person, association of persons, or corporation permitted to weigh vehicles under this chapter.


Section 4. Section 
41-1a-201 is amended to read:
41-1a-201. Function of registration -- Registration required -- Penalty.


(1) Unless exempted, a person 
or automated driving system may not operate and an owner may not engage an automated driving system, give another person permission to engage an automated driving system, or give another person permission to operate a motor vehicle, combination of vehicles, trailer, semitrailer, vintage vehicle, off-highway vehicle, vessel, or park model recreational vehicle in this state unless it has been registered in accordance with this chapter, Title 41, Chapter 22, Off-Highway Vehicles, or Title 73, Chapter 18, State Boating Act.
(2) Subject to Subsection 53-8-209(3), a violation of this section is an infraction.


Section 5. Section 
41-1a-202 is amended to read:
41-1a-202. Definitions -- Vehicles exempt from registration -- Registration of vehicles after establishing residency.


(1) In this section:

(a) "Domicile" means the place:
(i) where an individual has a fixed permanent home and principal establishment;
(ii) to which the individual if absent, intends to return; and
(iii) in which the individual and his family voluntarily reside, not for a special or temporary purpose, but with the intention of making a permanent home.
(b) (i) "Resident" means any of the following:
(A) an individual who:
(I) has established a domicile in this state;
(II) regardless of domicile, remains in this state for an aggregate period of six months or more during any calendar year;
(III) engages in a trade, profession, or occupation in this state or who accepts employment in other than seasonal work in this state and who does not commute into the state;
(IV) declares himself to be a resident of this state for the purpose of obtaining a driver license or motor vehicle registration; or
(V) declares himself a resident of Utah to obtain privileges not ordinarily extended to nonresidents, including going to school, or placing children in school without paying nonresident tuition or fees; or
(B) any individual, partnership, limited liability company, firm, corporation, association, or other entity that:
(I) maintains a main office, branch office, or warehouse facility in this state and that bases and operates a motor vehicle in this state; or
(II) operates a motor vehicle in intrastate transportation for other than seasonal work.
(ii) "Resident" does not include any of the following:
(A) a member of the military temporarily stationed in Utah;
(B) an out-of-state student, as classified by the institution of higher education, enrolled with the equivalent of seven or more quarter hours, regardless of whether the student engages in a trade, profession, or occupation in this state or accepts employment in this state; and
© an individual domiciled in another state or a foreign country that:
(I) is engaged in public, charitable, educational, or religious services for a government agency or an organization that qualifies for tax-exempt status under Internal Revenue Code Section 501©(3);
(II) is not compensated for services rendered other than expense reimbursements; and
(III) is temporarily in Utah for a period not to exceed 24 months.
(iii) Notwithstanding Subsections (1)(b)(i) and (ii), "resident" includes the owner of a vehicle equipped with an automated driving system as defined in Section 41-26-102.1 if the vehicle is physically present in the state for more than 30 consecutive days in a calendar year.
(2) Registration under this chapter is not required for any:
(a) vehicle registered in another state and owned by a nonresident of the state or operating under a temporary registration permit issued by the division or a dealer authorized by this chapter, driven or moved upon a highway in conformance with the provisions of this chapter relating to manufacturers, transporters, dealers, lien holders, or interstate vehicles;
(b) vehicle driven or moved upon a highway only for the purpose of crossing the highway from one property to another;
© implement of husbandry, whether of a type otherwise subject to registration or not, that is only incidentally operated or moved upon a highway;
(d) special mobile equipment;
(e) vehicle owned or leased by the federal government;
(f) motor vehicle not designed, used, or maintained for the transportation of passengers for hire or for the transportation of property if the motor vehicle is registered in another state and is owned and operated by a nonresident of this state;
(g) vehicle or combination of vehicles designed, used, or maintained for the transportation of persons for hire or for the transportation of property if the vehicle or combination of vehicles is registered in another state and is owned and operated by a nonresident of this state and if the vehicle or combination of vehicles has a gross laden weight of 26,000 pounds or less;
(h) trailer of 750 pounds or less unladen weight and not designed, used, and maintained for hire for the transportation of property or person;
(i) manufactured home or mobile home;
(j) off-highway vehicle currently registered under Section 41-22-3 if the off-highway vehicle is:
(i) being towed;
(ii) operated on a street or highway designated as open to off-highway vehicle use; or
(iii) operated in the manner prescribed in Subsections 41-22-10.3(1) through (3);
(k) off-highway implement of husbandry operated in the manner prescribed in Subsections 41-22-5.5(3) through (5);
(l) modular and prebuilt homes conforming to the uniform building code and presently regulated by the United States Department of Housing and Urban Development that are not constructed on a permanent chassis;
(m) electric assisted bicycle defined under Section 41-6a-102;
(n) motor assisted scooter defined under Section 41-6a-102; or
(o) electric personal assistive mobility device defined under Section 41-6a-102.
(3) Unless otherwise exempted under Subsection (2), registration under this chapter is required for any motor vehicle, combination of vehicles, trailer, semitrailer, or vintage vehicle within 60 days of the owner establishing residency in this state.
(4) A motor vehicle that is registered under Section 41-3-306 is exempt from the registration requirements of this part for the time period that the registration under Section 41-3-306 is valid.
(5) A vehicle that has been issued a nonrepairable certificate may not be registered under this chapter.


Section 6. Section 
41-1a-1503 is amended to read:

41-1a-1503. Event data recorders -- Retrieval or disclosure of event data.

(1) (a) Event data that is recorded on an event data recorder:

(i) is private;
(ii) is the personal information of the motor vehicle's owner; and
(iii) except as provided in Subsection (2), may not be retrieved by a person who is not the owner of the motor vehicle.
(b) If a motor vehicle is owned by more than one person, only one owner is required to consent to the retrieval or use of the data from a motor vehicle event data recorder.
(2) Event data that is recorded on an event data recorder may be retrieved, obtained, or used by a person who is not the owner of the motor vehicle in the following circumstances:
(a) the owner of the motor vehicle or the owner's agent has consented to the retrieval of the data relating to an accident;
(b) the data is retrieved by a motor vehicle dealer, motor vehicle manufacturer, or by an automotive technician to diagnose, service, or repair the motor vehicle at the request of the owner or the owner's agent;
© the data is subject to discovery in a criminal prosecution or pursuant to the rules of civil procedure in a claim arising out of a motor vehicle accident;
(d) a court or administrative agency having jurisdiction orders the data to be retrieved;
(e) a peace officer retrieves the data pursuant to a court order as part of an investigation of a suspected violation of a law that has caused, or contributed to the cause of, an accident resulting in damage of property or injury to a person; or
(f) to facilitate or determine the need for emergency medical care for the driver or passenger of a motor vehicle that is involved in a motor vehicle crash or other emergency, including the retrieval of data from a company that provides subscription services to the owner of a motor vehicle for in-vehicle safety and security communications. ; or
(g) for purposes of improving motor vehicle safety, security, or traffic management, including medical research on the human body's reaction to motor vehicle crashes, as long as the identity of the owner, passenger, or human driver is not disclosed in connection with the retrieved data.
(3) Except as provided in Subsection (4), a person who has retrieved, obtained, or used event data under Subsection (2) may not release event data that is recorded on an event data recorder.
(4) A person may release event data that is recorded on an event data recorder in the following circumstances:
(a) the owner of the motor vehicle or the owner's agent has consented to the release of the data;
(b) the data is subject to discovery in a criminal prosecution or pursuant to the rules of civil procedure in a claim arising out of a motor vehicle accident;
© the data is released pursuant to a court order as part of an investigation of a suspected violation of a law that has caused, or contributed to the cause of, an accident resulting in damage of property or injury to a person; or
(d) if the identity of the owner or driver is not disclosed, the data is released to a motor vehicle safety and medical research entity or data processor in order to advance motor vehicle safety, security, or traffic management in connection with the retrieved data, the data is released for purposes of improving motor vehicle safety, security, or traffic management, including medical research on the human body's reaction to a motor vehicle crash.
(5) (a) If a motor vehicle is equipped with an event data recorder that is capable of recording or transmitting event data and that capability is part of a subscription service, the fact that the event data may be recorded or transmitted shall be disclosed in the subscription service agreement.
(b) Notwithstanding the provisions of this section, event data from an event data recorder may be retrieved, obtained, and used by a subscription service provider for subscription services meeting the requirement of Subsection (5)(a).


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https://custom.statenet.com/public/resources.cgi?id=ID:bill:UT2019000H101&ciq=ncsl&client_md=970ef74861332da4b3eb8b23660510f9&mode=current_text